Research On The "right To Be Forgotten" And Its Protection In The Internet Age

The 21st century is a century of interconnection of science and technology.The development of Internet technology has brought great convenience to people's life.But at the same time,it also brought us a lot of troubles.On the one hand,the technology of cloud storage makes data acquisition and application easier.On the other hand,the permanent memory function of the Internet makes"forgetting" an exception.Some traces that people want to be erased can be easily queried due to big data storage.It is no exaggeration to say that individuals are almost transparent in the Internet field.Our personal information may be collected and used by others whenever and wherever.That has caused serious problems on the peace of life and personal dignity of each of us,so the right to be forgotten came into being.The right to be forgotten in the background of the Internet age usually refers to "digital forgotten rights",which means that when the personal information that has been published on the Internet is outdated,improper,or no longer relevant to the information subject,the information subject has the right to request the data controller to conceal or delete the information to avoid the abuse of personal information and the damage of legitimate rights and interests of the information subject.The right to be forgotten is essentially the right of personality and belongs to the category of the right of personal information.It emphasizes the concept of information autonomy.The core value of this right lies in the individual's ability to decide how to present his "personality characteristics" which plays an important role in maintaining personal dignity.Many scholars at home and abroad have studied the right to be forgotten from different angles.The biggest controversy about this right lies in the rights attribute.In this regard,some scholars advocate the theory of extension of the right of privacy.They believe that the right to be forgotten is essentially the embodiment of the right of privacy in the background of the Interne fieldt.However,in fact,traditional right of privacy is aim to protect undisclosed private information,but the right to be forgotten usually protects personal information that has been legally disclosed.For the information that has been legally disclosed,the traditional right of privacy is beyond the reach,so the emergence of the right to be forgotten has its rationality and inevitability.Some scholars believe that the right of personal information can completely cover the right to be forgotten.Relatively speaking,this view is more reasonable.Based on the characteristics of the right to be forgotten,this paper clarifies the relationship between the right of forgotten and traditional right of privacy,reputation and deletion.By combing these complex relationships,it clearly defines that the right to be forgotten belongs to the category of the right of personal information.At the same time,there are exceptions of the application of the right to be forgotten.For example,for the purposes of public interest or scientific research,citizens' right to be forgotten is no longer given prior protection.In addition,although the right to be forgotten has a tense relationship with the freedom of the press and the publics right to know,this study will show that these conflicts can be effectively resolved by introducing the principle of proportionality and the principle of case balance in legislation and judiciary.In the first case of the right to be forgotten in China,the judge reserved space for the introduction of the right to be forgotten.Moreover,China's protection of personal information in the network started relatively late,and there are various problems about the protection system constructed by relevant laws and regulations.Therefore,it is necessary for China to learn from the EU's advanced experience in protecting the right to be forgotten and to legalize the right to be forgotten.The subject of the right,the subject of the obligation,the object of the right and the exceptions of the right to be forgotten should be specified in detail,and the existing laws should be reinterpreted from the judicial interpretation aspect and then applied to judicial practice.Strengthening the connection between the administration and the legislation will improve the efficiency of rights relief In addition,promoting the advancement and improvement of technology to protect the right to be forgotten is also an inevitable choice in the era of big data!In this way,it is not only conducive to protecing the right to be forgotten of citizens in the background of the Internet era,but also conducive to improving China's system of data protection and effectively safeguarding the security of personal information of China's network!...